STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 17.11.2021 Reserved on : 29.05.2024 Date of Decision : 14.06.2024 Dr. Gurjeet Singh Saluja, Digestive Disease Centre, Joshi Hospital, Kapurthala Chowk, Jalandhar, Punjab Presently working as Gastroenterlogist with Cardionova Hospital, Lajpat Nagar, Jalandhar.

….Appellant/Opposite Party Versus Sumit Jain S/o Deep Kumar R/o House No. 46, Indra Nagar, Phagwara, Kapurthala, Punjab .…Respondent/Complainant First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 23.02.3021 passed by the District Consumer Disputes Redressal Commission, Jalandhar. Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No 3) Whether judgment should be reported in the Digest? Yes/No Present:-

For the appellant : Sh. Sidhant Bhonsle, Advocate For the respondent : Sh. Vijay Kumar, Gupta, Advocate SIMARJOT KAUR, MEMBER :

Appellant/Opposite Party-Dr. Gurjeet Singh Saluja has filed the present Appeal to challenge the impugned order dated 23.02.2021 passed by the District Consumer Disputes Redressal Commission, Jalandhar (in short, “the District Commission”), whereby the Complaint filed by the Respondent/Complainant-Sumit Jain had been allowed.

2. It would be apposite to mention here that hereinafter the parties will be referred, as were arrayed before the District Commission.

3. Briefly, the facts of the case as made out by the Respondent/Complainant in the Complaint filed before the District Commission are that on 17.11.2016 Smt. Swaran Jain, the mother of the Complainant had suffered with the problem of numbness, weakness in body, severe headache, pressure in her head, lack of sleep, slurred speech and loss of vision. She had consulted Opposite Party about her medical problem, who suggested to her to get Ultrasound conducted. After going through the report of Ultrasound, the Doctor had diagnosed that there were stones in her abdomen. Going by the symptoms of the mother of the Complainant, the OP-Doctor was asked as to whether there was any need to take advice of Neurologist. OP-Doctor had informed him that there was no need for the same. Said problem had occurred only due to High Blood Pressure of the patient. The Doctor asked her to come on 21.11.2016 for urgent removal of stones. On 21.11.2016, OP had admitted and started the treatment of Swaran Jain. The Complainant asked the Doctor for proper diagnosis on a number of times from 17.11.2016 till 21.11.2016 but her symptoms were not diagnosed properly. He had made repeated request to the Doctor to pay heed to the medical symptoms of his mother in order to start proper treatment. However, OP-Doctor did not pay any attention to his repeated inquiries. The Doctor conducted the operation of removal of stone in absence of any pre-operative test. After operation, it was informed to the Complainant that the operation was conducted successfully and the patient would regain consciousness after one hour. The Complainant observed that his mother had not regained her conscious inspite of lapse of many hours. In the morning of 22.11.2016, when the Complainant had visited his mother in the ICU, he discovered that his mother was still unconscious. She had vomited and passed urine in the state of unconsciousness as the side of pillow and bed sheet were found wet. However, no one was there to look after her condition. Since the condition of the patient had deteriorated Neurologically, as a result thereof the OP had shifted her to NASA Brain & Spine Centre on the same day. The OP had not taken any consent of any family member before shifting her to the said Hospital. At NASA Brain & Spine Centre, she was treated till 19.12.2016 and had spent Rs.7,00,000/- on treatment. Due to wrong and negligent treatment given by the OP, the condition of Smt. Swaran Jain h